Who can be granted a land lease by the state and be charged annual rent or a one-time rent for the entire lease period in Vietnam?

Who can be granted a land lease by the state and be charged annual rent or a one-time rent for the entire lease period in Vietnam?

Pursuant to Article 56 of the Law on Land in 2013, the State may lease land and collect an annual land rental or full one-off rental for the entire lease period in the following cases:

- Households and individuals that use land for the purpose of agriculture, forestry, aquaculture or salt production;

- Households and individuals that need to further use agricultural land that exceeds the land allocation quotas prescribed in Article 129 of this Law;

- Households and individuals that use land for trading and services, mining activities, production of construction materials, production of ceramic products, and non-agricultural production establishments;

- Households and individuals that use land for construction of public facilities for commercial purpose;

- Economic organizations, overseas Vietnamese and foreign-invested enterprises that use land to implement investment projects in agriculture, forestry, aquaculture or salt production, for non-agricultural business and production purpose, for construction of public facilities for commercial purpose, and for implementation of investment projects on houses for lease;

- Economic organizations, self-financed public non-business organizations, overseas Vietnamese and foreign-invested enterprises that use land for construction of non-business facilities;

- Foreign organizations with diplomatic functions that use land to build offices.

Who can be granted a land lease by the state and be charged annual rent or a one-time rent for the entire lease period in Vietnam? - Source: Internet

What are bases for change of land use purpose in Vietnam?

Pursuant to Article 52 of the Law on Land in 2013 stipulating bases for change of land use purpose in Vietnam as follows:

- The annual district-level land use plans which have been approved by competent state agencies.

- Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose.

Which agencies shall have competence to lease land in Vietnam?

Pursuant to Article 56 of the Law on Land in 2013 stipulating bases for change of land use purpose in Vietnam as follows:

Competence to allocate, lease land and approve change of land use purpose

1. Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

a/ Allocation or lease of land to, and permission for change of land use purpose for, organizations;

b/ Allocation of land to religious institutions;

c/ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55 of this Law;

d/ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points e and f, Clause 3, Article 56 of this Law;

2. District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

a/ Allocation or lease of land to, and permission of change of land use purpose for, households and individuals. If these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision;

b/ Allocation of land to communities.

3. Commune-level People’s Committees may lease land from the agricultural land fund for public purposes in their communes, wards or townships.

4. Agencies having the competence to decide on land allocation or lease and permit change of land use purpose as prescribed in Clauses 1 and 2 of this Article may not delegate their competence.

As regulations above, agencies which shall have competence to lease land in Vietnam are:

- Provincial-level People’s Committees may decide on lease of land:

+ Lease of land to organizations

+ Lease of land to overseas Vietnamese or foreign-invested enterprises that are allocated land to implement investment projects for the construction of houses for sale or for a combination of sale and lease

- District-level People’s Committees may decide on lease of land for households and individuals

If households and individuals to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision;

- Commune-level People’s Committees may lease land from the agricultural land fund for public purposes in their communes, wards or townships.

Best regards!